Legal definitions Flashcards
Judicial review
Power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the Constitution
Ex ante
Review before a law is enacted.
Involves reviewing the constitutionality of legislation prior to its implementation.
Ex post
Review after a law is enacted.
Involves reviewing the constitutionality of laws after they have taken effect.
Concrete review
Evaluation based on specific legal cases or controversies.
Abstract review
Evaluation without a specific case, based on general principles.
Centralised review
A single specialised court conducts all constitutional reviews. (e.g. Germany’s Federal Constitutional Court)
Decentralised review
Multiple courts, including ordinary courts, have authority to conduct judicial reviews. (e.g. the US)
Majoritarian system
Electoral systems where the candidate or party with the majority of votes wins, often requiring more than half.
Proportional representation system
Electoral system whereby the share of seats assigned correspons to the share of the votes gained.
Hybrid system
Combines elements of majoritarian and proportional systems, allowing for local representation and overall party proportion.
Semi-proportional system
Systems achieving partial proportionality while retaining some majoritarian aspects, facilitating representation for various parties.
State form
The overarching structure and organization of the state itself, including its sovereignty, territorial integrity, and the relationship between the central government and subnational entities (such as regions or local governments). It encompasses the legal and constitutional framework that defines how the state operates and exercises power.
Unitary state
Structure of state where sovereign authority is concentrated in a single central government.
Federal state
Division of power between central and regional governments, with each having constitutionally guaranteed authority.
Confederation
Loose association of independent states with limited central authority; member states retain most sovereignty.
Centralised state
Political system where all authority is concentrated in a central government, with limited local autonomy.
Decentralised state
Political system where power is distributed among regional or local governments, allowing for greater autonomy.
Republic
Form of government where officials are elected by citizens, and power is limited by a constitution.
Constitutional monarchy
System where a monarch’s powers are limited by a constitution, with an elected parliament governing the state.
Government form
Refers to the system through which political authority is exercised, including leadership and decision-making processes.
Presidential system
Form of government in which
1. the executive is separate from the legislative
2. Usually President both head of state and head of government
3. President is directly elected by the people and therefore holds an independent mandate and does not require parliamentary confidence for their continuation in office
Semi-presidential system
Constitutional system in where the head of state, with his own mandate, and a prime minister, who is accountable to the parliament, share executive powers.
Parliamentary system
Constitutional system where the cabinet is accountable to the parliament in a sense of confidence rule.
Bicameralism
A system of government in which the legislature comprises of two houses
Imperfect bicameralism
One of the two chambers has significantly more power than the other, resulting in an imbalance in their roles - typically the lower one (which happens to be the elected one).
Perfect bicameralism
The two chambers have equal or nearly equal power in the legislative process. Both chambers must agree on a piece of legislation for it to become law. Neither chamber can easily override or bypass the other.
